Arbitration and Mediation
With the constant growth in cross-border business transactions, commercial parties have increasingly looked towards resolving disputes through discreet and flexible alternatives to conventional litigation, such as arbitration and mediation.
Our team specializes in international and domestic arbitration. We have successfully represented numerous multinational clients in complex institutional arbitration proceedings under the auspices of major arbitral institutions such as the SIAC, HKIAC, LCIA, ICC, AAA, LMAA, SCMA, GAFTA, and FOSFA. We also regularly act for clients in ad-hoc arbitration proceedings, including those seated in Singapore and the larger Asia-Pacific region. Our recent notable cases include a Singapore-seated arbitration under the auspices of SIAC Rules, arising from complex joint venture agreements with a combined value exceeding USD 120 million. As for the enforcement / setting aside of arbitral awards, our recent experience includes successfully defending against various setting aside applications before the Singapore International Commercial Court, Singapore High Court and the Singapore Court of Appeal.
Our mediation practice is equally robust, where we are often instructed as counsel for both institutional and private mediation proceedings. By understanding the clients’ and counterparties’ commercial priorities, we are able to facilitate constructive dialogue between the parties and guide them towards practical and creative solutions that preserve business relationships. Our recent notable cases involve mediations administered and/or under the rules of the Singapore Mediation Centre, Singapore International Mediation Centre, International Chamber of Commerce, and Law Society of Singapore. These include disputes relating to international trade, financing / investments, director duties / shareholder rights, acquisition of companies, fund management disputes and other private client matters like employment, defamation, and personal injuries.
Notable Briefs
The claim was commenced by a Labuan subsidiary of an American investment management group, where the dispute arises from alleged breaches of corporate guarantees which relate to JVAs for financing arrangements and vessel construction / operation worth over USD 120 million.
The claim was brought by claimants which belong to one of Asia’s leading chemical group of companies, where the dispute arises from the sale of shares in one of the largest producers of phosphate fertilizer products in Africa.
The dispute relates to sale of steam coal from USA mines worth nearly USD 70 million, which was supposed to have been delivered by a subsidiary of a New York listed group that is one of the leading energy companies in USA.
The matter was heard before International Judge Sir Vivian Ramsey, where we successfully resisted the application to set aside by defending against allegations on the Tribunal’s jurisdiction, breach of the rules of natural justice, and conflict with public policy considerations. The reported decision is available here: https://www.elitigation.sg/gd/s/2020_SGHCI_23, which has been cited in various subsequent setting aside applications by the Singapore International Commercial Court and Singapore High Court.
The claim was brought against multiple respondents which are part of an Indian head-quartered conglomerate, whose revenue for FY 2023 alone was USD 150 billion. The dispute relates to the sale, financing, and delivery of Canadian coking coal worth nearly USD 11 million.
The claim relates to beneficial ownership of shares in a Singapore incorporated holding company. Parties agreed to attempt mediation shortly after proceedings commenced, where we secured a favourable settlement for the client during the mediation proceedings administered by the Singapore Mediation Centre (‘SMC”) within nine months from commencing the claim.
The matter was heard before the learned Justice Steven Chong, where we successfully resisted the application to set aside, which turned on novel issues such as the interpretation of certain provisions in the 2007 SIAC Rules which eventually led to related amendments in the 2013 SIAC Rules. The reported decision is available here: https://www.elitigation.sg/gd/s/2015_SGHC_65, which has been cited in various subsequent setting aside applications by the Singapore Court of Appeal and Singapore International Commercial Court.
The dispute was subject to alternative dispute resolution administered by the International Chamber of Commerce (“ICC”), where parties attempted Singapore-seated mediation. We successfully secured a favourable settlement for the client, which involved substantial recovery of our client’s claim and the counterparty agreeing to drop its entire counterclaim.
